List of Fisheries for 2008, 35393-35419 [E7-12556]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35393-35419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12556]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 070417093-7109-01]
RIN 0648-AV54


List of Fisheries for 2008

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
proposed List of Fisheries (LOF) for 2008, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2008 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must categorize each commercial fishery on the LOF into 
one of three categories under the MMPA based upon the level of serious 
injury and mortality of marine mammals that occurs incidental to each 
fishery. The categorization of a fishery in the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
requirements.

DATES: Comments must be received by August 27, 2007.

ADDRESSES: Send comments to Chief, Marine Mammal and Sea Turtle 
Conservation Division, Attn: List of Fisheries, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. 
Comments may also be sent via e-mail to 2008LOF.comments@noaa.gov, via 
fax to 301-427-2522, or to the Federal eRulemaking portal: https://
www.regulations.gov (follow instructions for submitting comments).
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 
proposed rule, should be submitted in writing to Chief, Marine Mammal 
and Sea Turtle Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David 
Rostker, OMB, by fax to 202-395-7285 or by e-mail to David--
Rostker@omb.eop.gov.
    See SUPPLEMENTARY INFORMATION for a listing of all Regional 
offices.

FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected 
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328; 
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras, 
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van 
Atta, Pacific Islands Region, 808-944-2257. Individuals who use a 
telecommunications device for the hearing impaired may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

Availability of Published Materials

    Information regarding the LOF and the Marine Mammal Authorization 
Program, including registration

[[Page 35394]]

procedures and forms, current and past LOFs, observer requirements, and 
marine mammal injury/mortality reporting forms and submittal 
procedures, may be obtained at: https://www.nmfs.noaa.gov/pr/
interactions/mmap, or from any NMFS Regional Office at the addresses 
listed below.

Regional Offices

    NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
    NMFS, Southeast Region, 263 13\th\ Avenue South, St. Petersburg, FL 
33701, Attn: Teletha Mincey;
    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Lyle Enriquez;
    NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, 
Attn: Permits Office;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9\th\ Street, Juneau, AK 99802; or
    NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani 
Boulevard, Suite 1100, Honolulu, HI 96814-4700.

What is the List of Fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
serious injury and mortality of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SAR) and other relevant sources, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).

How Does NMFS Determine in which Category a Fishery is Placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock, and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: If the total annual mortality and serious injury of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the stock would be placed in Category III (unless those fisheries 
interact with other stock(s) in which total annual mortality and 
serious injury is greater than 10 percent of PBR). Otherwise, these 
fisheries are subject to the next tier (Tier 2) of analysis to 
determine their classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level.
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level.
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level.
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how the categories were determined are provided in the 
preamble to the proposed rule implementing section 118 of the MMPA (60 
FR 45086, August 30, 1995).
    Since fisheries are categorized on a per-stock basis, a fishery may 
qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
categorized on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II).

Other Criteria That May Be Considered

    In the absence of reliable information indicating the frequency of 
incidental mortality and serious injury of marine mammals by a 
commercial fishery, NMFS will determine whether the incidental serious 
injury or mortality qualifies for Category II by evaluating other 
factors such as fishing techniques, gear used, methods used to deter 
marine mammals, target species, seasons and areas fished, qualitative 
data from logbooks or fisher reports, stranding data, and the species 
and distribution of marine mammals in the area, or at the discretion of 
the Assistant Administrator for Fisheries (50 CFR 229.2).

How Does NMFS Determine which Species or Stocks are Included as 
Incidentally Killed or Seriously Injured in a Fishery?

    The LOF includes a list of marine mammal species or stocks 
incidentally killed or seriously injured in each commercial fishery, 
based on the level of serious injury or mortality in each fishery 
relative to the PBR level for each stock. To determine which species or 
stocks are included as incidentally killed or seriously injured in a 
fishery, NMFS annually reviews the information presented in the current 
SARs. The SARs are based upon the best available scientific information 
and provide the most current and inclusive information on each stock's 
PBR level and level of mortality or serious injury incidental to 
commercial fishing operations. NMFS also reviews other sources of new 
information, including observer data, stranding data and fisher self-
reports.
    In the absence of reliable information on the level of mortality or 
serious injury of a marine mammal stock, or insufficient observer data, 
NMFS will determine whether a species or stock should be added to, or 
deleted from, the list by considering other factors such as: changes in 
gear types used, increases or decreases in fishing effort, increases or 
decreases in the level of observer coverage, and/or changes in fishery 
management that are expected to lead to decreases in interactions with 
a given marine mammal stock (such as a Fishery Management Plan or a 
Take Reduction Plan). NMFS will provide case specific justification in 
the LOF for changes to the list of species or stocks incidentally 
killed or seriously injured.

How do I Determine the Level of Observer Coverage in a Fishery?

    Data obtained from observers and the level of observer coverage are 
important tools in estimating the level of marine mammal mortality and 
serious injury in commercial fishing operations. The best available 
information on the level of observer coverage, and the spatial and 
temporal distribution of observed

[[Page 35395]]

marine mammal interactions, is presented in the SARs. Starting with the 
2005 SARs, each SAR includes an appendix with detailed descriptions of 
each Category I and II fishery in the LOF. The SARs generally do not 
provide detailed information on observer coverage in Category III 
fisheries because under the MMPA Category III fisheries are not 
required to accommodate observers aboard vessels due to the remote 
likelihood of mortality and serious injury of marine mammals. 
Information presented in the SARs' appendices include: level of 
observer coverage, target species, levels of fishing effort, spatial 
and temporal distribution of fishing effort, gear characteristics, 
management and regulations, and interactions with marine mammals.
    NMFS refers readers to the SARs for the most current information on 
the level of observer coverage for each fishery. Copies of the SARs are 
available on the NMFS Office of Protected Resource's Web site at: 
https://www.nmfs.noaa.gov/pr/sars/. Additional information on observer 
coverage in commercial fisheries can be found on the NMFS National 
Observer Program's Web site: https://www.st.nmfs.gov/st4/nop/.

How Do I Find Out if a Specific Fishery is in Category I, II, or III?

    This proposed rule includes two tables that list all U.S. 
commercial fisheries by LOF Category. Table 1 lists all of the 
fisheries in the Pacific Ocean (including Alaska). Table 2 lists all of 
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.

Are High Seas Fisheries Included in the LOF?

    Currently, high seas fisheries in which U.S. persons or vessels 
participate are not included in the LOF. However, NMFS is considering 
the inclusion of U.S.-authorized high seas fisheries (fisheries 
operating beyond 200 nmi of U.S. coasts) in future LOFs. At this time, 
NMFS is gathering available information on the number of vessels 
permitted and/or actively fishing in U.S.-authorized high seas 
fisheries, gear types used, and marine mammal-fishery interactions data 
included in documents published under the Magnuson-Stevens Fisheries 
Conservation and Management Act (MSA), National Environmental Policy 
Act (NEPA), Endangered Species Act (ESA), and MMPA, and from relevant 
Regional Fishery Management Organizations (RFMO) and the International 
Whaling Commission (IWC).
    NMFS faces significant challenges in accurately categorizing high 
seas fisheries in the LOF. As discussed under ``Fishery Classification 
Criteria'', fisheries are categorized in the LOF based on the level of 
mortality and serious injury of marine mammal stocks relevant to the 
stock's PBR level. PBR levels are calculated based on the stock's 
abundance using data presented in the SARs, required under section 117 
of the MMPA. Section 117 requires NMFS to prepare SARs for marine 
mammal stocks occurring ``in waters under the jurisdiction of the 
United States''. NMFS does not develop SARs, or PBR levels, for marine 
mammal stocks on the high seas. As a result, NMFS does not have 
sufficient information on marine mammal stock abundances or the level 
of marine mammal-fishery interactions on the high seas to classify high 
seas fisheries on the LOF at this time. NMFS will continue to explore 
options for the potential inclusion of high seas fisheries in a future 
LOF using available information. NMFS will also continue to gather 
available information on existing U.S.-authorized high seas fisheries, 
marine mammal stock abundances on the high seas, and levels of marine 
mammal-fishery interactions on the high seas in order to accurately 
categorize high seas fisheries for potential inclusion on future LOFs.

Am I Required to Register Under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization from NMFS in order to lawfully incidentally take a marine 
mammal in a commercial fishery. Owners of vessels or gear engaged in a 
Category III fishery are not required to register with NMFS or obtain a 
marine mammal authorization.

How Do I Register?

    Vessel or gear owners must register with the Marine Mammal 
Authorization Program (MMAP) by contacting the relevant NMFS Regional 
Office (see ADDRESSES), unless they participate in a fishery that has 
an integrated registration program (described below). Upon receipt of a 
completed registration, NMFS will issue vessel or gear owners an 
authorization certificate. The authorization certificate, or a copy, 
must be on board the vessel while it is operating in a Category I or II 
fishery, or for non-vessel fisheries, in the possession of the person 
in charge of the fishing operation (50 CFR 229.4(e)).

What is the Process for Registering in an Integrated Fishery?

    For some fisheries, NMFS has integrated the MMPA registration 
process with existing state and Federal fishery license, registration, 
or permit systems. Participants in these fisheries are automatically 
registered under the MMPA and are not required to submit registration 
or renewal materials or pay the $25 registration fee. The following 
section indicates which fisheries are integrated fisheries and has a 
summary of the integration process for each Region. Vessel or gear 
owners who operate in an integrated fishery and have not received an 
authorization certificate by January 1 of each new year or with renewed 
state fishing licenses (as in Washington and Oregon) must contact their 
NMFS Regional Office (see ADDRESSES). Although efforts are made to 
limit the issuance of authorization certificates to only those vessel 
or gear owners that participate in Category I or II fisheries, not all 
state and Federal permit systems distinguish between fisheries as 
classified by the LOF. Therefore, some vessel or gear owners in 
Category III fisheries may receive authorization certificates even 
though they are not required for Category III fisheries. Individuals 
fishing in Category I and II fisheries for which no state or Federal 
permit is required must register with NMFS by contacting their 
appropriate Regional Office (see ADDRESSES).

Which Fisheries Have Integrated Registration Programs?

    The following fisheries have integrated registration programs under 
the MMPA:
    1. All Alaska Category II fisheries;
    2. All Washington and Oregon Category II fisheries;
    3. Northeast Regional fisheries for which a state or Federal permit 
is required;
    4. All Southeast Regional fisheries for which a Federal permit is 
required, as well as fisheries permitted by the states of North 
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas; and
    5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set line Fishery.

How Do I Renew My Registration Under the MMPA?

    Vessel or gear owners that participate in fisheries that have 
integrated registration programs (described above) are automatically 
renewed and should receive an authorization certificate by January 1 of 
each new year, with the

[[Page 35396]]

exception of Washington and Oregon Category II fisheries. Washington 
and Oregon fishers receive authorization with each renewed state 
fishing license, the timing of which varies based on target species. 
Vessel or gear owners who participate in an integrated fishery and have 
not received authorization certificates by January 1 or with renewed 
fishing licenses (Washington and Oregon) must contact the appropriate 
NMFS Regional Office (see ADDRESSES). Vessel or gear owners that 
participate in fisheries that do not have integrated registration 
programs and that have previously registered in a Category I or II 
fishery will receive a renewal packet from the appropriate NMFS 
Regional Office at least 30 days prior to January 1 of each new year. 
It is the responsibility of the vessel or gear owner in these fisheries 
to complete their renewal form and return it to the appropriate NMFS 
Regional Office at least 30 days in advance of fishing. Individuals who 
have not received a renewal packet by January 1 or are registering for 
the first time must request a registration form from the appropriate 
Regional Office (see ADDRESSES).

Am I Required to Submit Reports When I Injure or Kill a Marine Mammal 
During the Course of Commercial Fishing Operations?

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a Category I, II, or III 
fishery must report to NMFS all incidental injuries and mortalities of 
marine mammals that occur during commercial fishing operations. 
``Injury'' is defined in 50 CFR 229.2 as a wound or other physical 
harm. In addition, any animal that ingests fishing gear or any animal 
that is released with fishing gear entangling, trailing, or perforating 
any part of the body is considered injured, regardless of the presence 
of any wound or other evidence of injury, and must be reported. Injury/
mortality report forms and instructions for submitting forms to NMFS 
can be downloaded from: https://www.nmfs.noaa.gov/pr/pdfs/interactions/
mmap_reporting_form.pdf. Reporting requirements and procedures can be 
found in 50 CFR 229.6.

Am I Required to Take an Observer Aboard My Vessel?

    Fishers participating in a Category I or II fishery are required to 
accommodate an observer aboard vessel(s) upon request. Observer 
requirements can be found in 50 CFR 229.7.

Am I Required to Comply With Any Take Reduction Plan Regulations?

    Fishers participating in a Category I or II fishery are required to 
comply with any applicable take reduction plans. Take reduction plan 
requirements can be found at 50 CFR 229.30-34.

Sources of Information Reviewed for the Proposed 2008 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the SARs for all observed fisheries 
to determine whether changes in fishery classification were warranted. 
NMFS' SARs are based on the best scientific information available at 
the time of preparation, including the level of serious injury and 
mortality of marine mammals that occurs incidental to commercial 
fisheries and the PBR levels of marine mammal stocks. The information 
contained in the SARs is reviewed by regional Scientific Review Groups 
(SRGs) representing Alaska, the Pacific (including Hawaii), and the 
U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by 
the MMPA to review the science that informs the SARs, and to advise 
NMFS on population status and trends, stock structure, uncertainties in 
the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
    The proposed LOF for 2008 was based, among other things, on 
information provided in the final SARs for 1996 (63 FR 60, January 2, 
1998), the final SARs for 2001 (67 FR 10671, March 8, 2002), the final 
SARs for 2002 (68 FR 17920, April 14, 2003), the final SARs for 2003 
(69 FR 54262, September 8, 2004), the final SARs for 2004 (70 FR 35397, 
June 20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), the 
final SARs for 2006 (72 FR 12774, March 19, 2007), and the draft SARs 
for 2007. All the SARs are available at: https://www.nmfs.noaa.gov/pr/
sars/.

Fishery Descriptions

    Many fisheries on the LOF only partially been described in the LOF, 
or not at all. While detailed information describing each fishery in 
the LOF is included in the SARs, within a Fishery Management Plan (FMP) 
or Take Reduction Plan (TRP), or by state agencies, general descriptive 
information is important to include in the LOF for improved clarity. 
Below, NMFS briefly describes each Category I and II fishery in the 
proposed LOF for 2008. Fisheries are defined based on the gear and 
fishing methods, target species, temporal and spatial distribution, and 
management and regulatory schemes. NMFS refers readers to the SARs for 
more additional information on Category I and II fisheries.

Category I and II Commercial Fisheries in the Pacific Ocean

HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks 
Longline/Set Line Fishery
    The Category I HI longline fishery targets swordfish, tuna, 
billfish, mahi mahi, wahoo, and oceanic sharks. The basic unit of gear 
is a 30-40 mi (48-64 km) long mainline made of 0.13-0.16 in (3.2-4.0 
mm) diameter monofilament line, with 800-1,000 hooks attached to the 
mainline. Deployment and retrieval of gear must occur at night. Shallow 
swordfish sets are required to use size 18/0 circle hooks with a 10-
degree offset and mackerel bait. Using squid bait is prohibited. For 
deep sets, all float lines must be at least 20 m (65.6 ft) long with a 
minimum of 15 branch lines attached to the mainline between any 2 
floats, except for basket-style longline gear that may have as few as 
10 branch lines. The use of any light emitting device is prohibited and 
vessels may not land or possess more than 10 swordfish at any time. The 
fishery operates over a huge geographic range extending north-south 
from 40[deg]N. lat. to the equator and east-west from Kure Atoll to as 
far as 135[deg]W. long. Fishing for swordfish generally occurs north of 
Hawaii (as much as 2,000 mi (3,219 km) from Honolulu), whereas fishing 
for tunas occurs primarily around the main Hawaiian Islands and south 
of the Hawaiian Islands. The fishery operates year-round, with effort 
generally lower in the third quarter of the year.
    The HI longline fishery is managed in part under the FMP for 
Pelagic Fisheries of the Western Pacific Region. The shallow-set 
swordfish component has annual fleetwide limits on interactions with 
leatherback and loggerhead sea turtles, an annual fleetwide limit of 
2,120 shallow sets north of the equator per year, and a requirement for 
operators to annually participate in a protected species workshop and 
get a valid protected species certification. Also, regulations mandate 
100 percent observer coverage in the shallow-set component of the 
fishery and at least 20 percent observer coverage in the deep-set 
component.

[[Page 35397]]

CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in 
Mesh)
    The Category I CA/OR thresher shark/swordfish drift gillnet fishery 
primarily targets common and pelagic thresher sharks, swordfish, and 
mako shark using a 1000-fathom (6,000 ft; 1,829 m) gillnet with 
stretched mesh size from 18-22 in (46-56 cm) with a 14-in (35.6 cm) 
minimum. Other species caught include: pelagic thresher, bigeye 
thresher, shortfin mako, blue shark, albacore, other tunas, dorado, 
groundfish, coastal pelagics, and crab. One end of the net is typically 
attached to the vessel and is set at dusk and allowed to drift during 
the night, typically for 12-14 hours. Fishing effort extends from the 
U.S.-Mexico border north to waters off of Oregon, with the majority of 
effort occurring from October to December. Oregon restricts landings to 
swordfish only.
    This fishery is a limited entry fishery managed under the Pacific 
Highly Migratory Species (HMS) FMP and by regulations under the Pacific 
Offshore Cetacean Take Reduction Plan (POCTRP), including multiple 
area-season closures and gear restrictions, a requirement for pingers 
on drift gillnets, a requirement that extenders (buoy lines) be at 
least 36 ft (11 m) long, and a requirement for vessel captains to 
attend skipper education workshops.
CA Angel Shark/Halibut and Other Species Set Gillnet Fishery (<3.5 in 
mesh)
    The Category I CA angel shark/halibut and other species set gillnet 
fishery targets angel shark and halibut from the U.S.-Mexico border 
north to Monterey Bay using 200 fathom (1,200 ft; 366 m) gillnet with a 
stretch mesh size of 8.5 in (31.6 cm). Net soak duration is typically 
8-10, 19-24, or 44-49 hours at a depth ranging from 15-50 fathoms (90-
300 ft; 27-91 m) with most sets from 15-35 fathoms (90-210 ft; 27-64 
m). No more than 1500 fathoms (9,000 ft; 2,743 m) of gill or trammel 
net may be fished in combination for CA halibut and angel shark. 
Fishing occurs year-round, with effort generally increasing during 
summer months and declining during last the 3 months of the year. The 
central CA portion of the fishery from Point Arguello to Point Reyes 
has been closed since September, 2002, following a ban on gillnets 
inshore of 60 fathoms (360 ft; 110 m). Set gill nets have been 
prohibited in state waters south of Point Arguello and within 70 
fathoms (420 ft; 128 m) or one mile (1.6 km), whichever is less, around 
the Channel Islands since 1990. The California Department of Fish and 
Game (CDFG) manages the fishery as a limited entry fishery with gear 
restrictions and area closures.
CA Yellowtail, Barracuda, and White Seabass Drift Gillnet Fishery (mesh 
size >3.5 in. and <14 in.)
    The Category II CA yellowtail, barracuda, and white seabass drift 
gillnet fishery targets primarily yellowtail and white seabass, and 
secondarily barracuda, with target species typically determined by 
market demand on a short-term basis. Drift gillnets are up to 6,000 ft 
(1,829 m) long and are set at the surface. The mesh size depends on 
target species and is typically 6.0-6.5 in (15-16.5 cm). When targeting 
yellowtail and barracuda, the mesh size must be [gteqt]3.5 in (9 cm); 
when targeting white seabass, the mesh size must be [gteqt]6 in (15.2 
cm). From June 16 to March 14 not more than 20 percent, by number, of a 
load of fish may be white seabass with a total length of 28 in (71 cm). 
A maximum of ten white seabass per load may be taken, if taken in 
gillnet or trammel nets with meshes from 3.5-6.0 in (9-15 cm) in 
length. The fishery operates year-round, primarily south of Point 
Conception with some effort around San Clemente Island and San Nicolas 
Island. This fishery is a limited entry fishery with various gear 
restrictions and area closures managed by the CDFG. Targeting tuna with 
this type of gear was effectively prohibited in April, 2004, under the 
Pacific HMS FMP.
CA Anchovy, Mackerel, Sardine Purse Seine Fishery
    The Category II CA anchovy, mackerel, sardine purse seine fishery 
targets wetfish (anchovy, mackerel, and sardine), with the target 
species primarily driven by availability and market demand. The fishery 
uses purse seines, drum seines, and lampara nets using standard seining 
techniques. A typical purse seine net is 185 fathoms (1,110 ft; 338 m) 
long, 22 fathoms (132 ft; 40 m) deep, and 1,600 meshes deep with each 
mesh measures 1.25 in (3 cm). The fishery operates year-round 
predominantly in southern CA (including the Channel Islands) from San 
Pedro, San Diego, Oceanside, and Dana Point, then north to San 
Francisco. This fishery is a limited entry fishery, and the mackerel 
and sardine fisheries are quota fisheries. The fishery is managed in 
accordance with the Coastal Pelagic Species (CPS) FMP.
CA Tuna Purse Seine Fishery
    The Category II CA tuna purse seine fishery targets yellowfin, 
skipjack, and bluefin tuna using purse seine nets similar to those used 
to target Coastal Pelagic Species (see the description under ``CA 
anchovy, mackerel, sardine purse seine fishery''). The fishery operates 
from May to October south of Point Conception to the U.S.-Mexico border 
and in the Southern California Bight. The fishery is managed under the 
Pacific HMS FMP. This fishery is considered an opportunist fishery, 
meaning that fishers only target tuna when certain oceanographic and 
market conditions exist to make the fishery viable. Effort in the 
fishery is highly variable, ranging from zero to ten participants 
annually over the past several years.
CA Squid Purse Seine Fishery
    The Category II CA squid purse seine fishery targets market squid 
using several gear types. From 1997-2001, 98 percent of fishermen used 
purse (77 percent) or drum (21 percent) seine nets. Other types used 
were lampara, dip, and brail nets. The fishery uses lights (shielded 
and oriented downward, with a maximum of 30,000 watts) to aggregate 
spawning squid. The fishery operates year-round with the effort 
focusing north of Point Conception from April to September and south of 
Point Conception from October to March. El Nino events cause northern 
landings to increase, while La Nina events cause southern landings to 
increase.
    The fishery is managed by the CDFG and is monitored under the CPS 
FMP and the Market Squid FMP. Commercial squid purse seine fishing is 
prohibited year-round from noon on Friday until noon on Sunday to allow 
a 2-day consecutive uninterrupted period of spawning. All vessels must 
be permitted and comply with a mandatory logbook program for fishing 
and lighting. Since 2001, a seasonal harvest guideline is set to limit 
further expansion of the fishery.
CA Pelagic Longline Fishery
    The Category II CA pelagic longline fishery includes both shallow-
set and deep-set gear targeting swordfish and bigeye, albacore, and 
yellowfin tuna. The fishery operates in waters outside of the U.S. 
Exclusive Economic Zone (EEZ) because the Pacific HMS FMP prohibits 
targeting swordfish with longlines within 200 nmi of shore. In 2004, 
the CA-based shallow-set longline fishery was closed due to anticipated 
levels of sea turtle interactions. The following is a general 
description of the shallow-set fishery as it operated prior to 2004 and 
the current deep-set longline fishery.
    Prior to 2004, shallow-set longlines operated year-round primarily 
targeting swordfish with 15-45 mi (24-72 km) of mainline rigged with 
72-ft (22-m) gangions at approximately 197 ft (60 m)

[[Page 35398]]

intervals. A shallow-set typically has 800-1,300 hooks with large squid 
or mackerel for bait. Most shallow-set fishing took place at night when 
swordfish are at the surface, using various colored lightsticks. A 
shallow-set mainline is deployed for 4-7 hours and left to drift 
unattached for 7-10 hours. At this time there is no CA-based shallow-
set longline fishing due to anticipated levels of sea turtle 
interactions.
    Deep-set longlines operate year-round primarily targeting tuna with 
4-46.6 mi (7-75 km) mainline rigged with 25.6-36 ft (7.8-10.9 m) 
gangions with 15-16 branchlines set between floats. Deep-set longlines 
are set at dawn with an average 12 hour soak time. The deep-set sag of 
the mainline is between 328-1,050 ft (100-320 m) below the water's 
surface. A deep-set typically contains 270-1,900 hooks with double 
weighted leaders and sardine for bait. Deep-sets use a variety of hooks 
including size 38 tuna hooks, size 9 J-hooks, and size 16/0 circle 
hooks. A small scale deep-set longline fishery began in January 2005 
and continues currently. One hundred percent observer coverage is 
required in the deep-set longline fishery.
OR Swordfish Floating Longline Fishery
    The Category II OR swordfish floating (i.e., surface or pelagic) 
longline fishery targets swordfish using a buoyed mainline fitted with 
leaders and baited hooks. The mainline is fished near the surface and 
is suspended from buoys. Swordfish longlines may not exceed 1,000 
fathoms (6,000 ft; 1,829 m) in length and must be attached at one end 
to the vessel when fishing. The gear is typically set in the evening 
and retrieved in the morning. Fishing could occur year-round; however, 
effort generally terminates by late fall. This fishery, like the ``CA 
pelagic longline'' fishery discussed above, is managed under the 
Pacific HMS FMP, which prohibits targeting swordfish with longlines 
within the EEZ. Shallow-set methods used for swordfish are also 
prohibited east of 150[deg]W. long. While this fishery can operate 
outside the U.S. EEZ, it is a developmental fishery with virtually no 
participants. There were no active permit holders in this fishery from 
2000-2005. As a result, NMFS is proposing to remove this fishery from 
the 2008 LOF. Please see ``Summary of Changes to the LOF for 2008'' for 
more information.
OR Blue Shark Floating Longline Fishery
    The Category II OR blue shark floating (i.e., surface or pelagic) 
longline fishery targets blue sharks off the coast of OR using a buoyed 
mainline fitted with leaders and baited hooks. The mainline is fished 
near the surface and is suspended from buoys. Shark longlines must be 
marked at each terminal surface end with a pole and flag, an operating 
light, a radar reflector, and a buoy showing clear identification and 
gear owner. The gear is typically set in the evening and retrieved in 
the morning. The fishery occurs year-round, however, effort generally 
terminates in the fall. This fishery is managed under the Pacific HMS 
FMP, which prohibits targeting highly migratory species such as blue 
shark with longlines within the U.S. EEZ. While this fishery can 
operate outside the U.S. EEZ, the number of Oregon Developmental 
Fishery Permits for fishing blue shark using a floating longline is 
limited to 10. From 2000-2005, there were fewer than 5 permits issued 
annually for this fishery. As a result, NMFS is proposing to remove 
this fishery from the 2008 LOF. Please see ``Summary of Changes to the 
LOF for 2008'' for more information.
WA Puget Sound Regional Salmon Drift Gillnet
    The Category II WA Puget Sound regional salmon drift gillnet 
fishery targets coho, pink, sockeye, chinook, and chum salmon in inland 
marine waters (state waters) south of the U.S.-Canada border and east 
of the Bonilla-Tatoosh line at the entrance to the Strait of Juan de 
Fuca. Drift gillnet gear consists of single web construction, not 
exceeding 300 fathoms (1,800; 549 m) in length, attached at one end of 
the vessel. The minimum mesh size varies from 5-7 in (13-18 cm) 
depending on the target species. While the depths fished vary, 
fishermen strive to keep the net off of the bottom. The drift times 
vary depending on the fishing area, tidal condition, and catch. This 
fishery is a limited entry fishery with seasonal openings, area 
closures, and gear restrictions. Regulations governing incidental take 
of marine mammals do not apply to tribal members exercising fishing 
treaty rights within this fishery.
AK Prince William Sound Salmon Drift Gillnet Fishery
    The Category II AK Prince William Sound salmon drift gillnet 
fishery targets salmon using drift gillnet gear with soak times of 15 
minutes to 3 hours. The gear is set both during the day and night, with 
10-14 sets per day. The fishery operates from mid-May to the end of 
September in the Prince William Sound Fisheries Management Area, the 
Copper River, and the Bering Sea. The Prince William Sound Fisheries 
Management Area consists of 11 districts with six hatcheries 
contributing to the salmon fisheries. This drift gillnet fishery is 
managed by the Alaska Department of Fish and Game (ADFG) as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Peninsula/Aleutian Islands Salmon Drift Gillnet Fishery
    The Category II AK Peninsula/Aleutian Islands salmon drift gillnet 
fishery targets salmon using drift gillnet gear with soak times of 2-5 
hours. The gear is set during the day and night, with 3-8 sets per day. 
The fishery operates from mid-June to mid-September in two districts 
north of the Alaska Peninsula (Northern and Northwestern), and four 
districts south of the AK Peninsula (Unimake, Southwestern, 
Southcentral, and Southeastern). This drift gillnet fishery is managed 
by ADFG as a limited entry fishery with gear restrictions (mesh and net 
size) and area closures.
AK Peninsula/Aleutian Islands Salmon Set Gillnet Fishery
    The Category II AK Peninsula/Aleutian Islands salmon set gillnet 
fishery targets salmon using set gillnet with the gear set every 2 
hours during the day and night. The gear is set with continuous soak 
times during the opener. Salmon may only be fished commercially during 
periods known as openers established by ADFG in-season. During some 
periods of the season fishing may be continuous with openers lasting 
days or even many weeks at a time. The ADFG posts weekly notices of 
fishing openers and announces the openers on regular radio channels a 
few days or a few hours before each opener. Fishing periods are often 
extended by Emergency Order during the last 24 hours of the opener.
    This fishery generally operates from June 18 to mid-August in two 
districts north of the AK Peninsula (Northern and Northwestern), and 
four districts south of the AK Peninsula (Unimake, Southwestern, 
Southcentral, and Southeastern). Set gillnet fishing effort also occurs 
off Atka and Amelia Islands. This set gillnet fishery is managed by 
ADFG as a limited entry fishery with gear restrictions (mesh and net 
size) and area closures.
AK Southeast Salmon Drift Gillnet Fishery
    The Category II AK Southeast salmon drift gillnet fishery targets 
salmon using drift gillnet gear with soak times of 20 minutes to 3 
hours. The gear is set during the day and night, with 6-20 sets set per 
day. This fishery generally

[[Page 35399]]

operates from June 18 to early October in five main fishing areas off 
Southeast AK, as well as at Annette Island, in terminal harvest areas 
(THA) adjacent to hatchery facilities, and for hatchery cost recovery. 
The majority of salmon are caught by drift gillnets in the five main 
fishing areas (81 percent in 2003) and the THAs (13 percent in 2003), 
with small contributions from Annette Island (4 percent in 2003), and 
for hatchery cost recovery (1.8 percent in 2003). This drift gillnet 
fishery is managed by ADFG as a limited entry fishery, with gear 
restrictions (mesh and net size) and area closures.
AK Cook Inlet Salmon Drift Gillnet Fishery
    The Category II AK Cook Inlet salmon drift gillnet fishery targets 
salmon using drift gillnet gear with soak times of 15 minutes to 3 
hours, or continuously. The gear is set during the day, with 6-18 sets 
per day. This fishery generally operates from June 25 to end of August 
in the Central District of the Upper Cook Inlet. Drift gillnet fishing 
effort for sockeye salmon peaks in mid to late July. Currently, drift 
gillnet fishing for salmon in the Cook Inlet occurs in the Central 
District area only for the two regular 12-hour openers on Mondays and 
Thursdays. This drift gillnet fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Cook Inlet Salmon Set Gillnet Fishery
    The Category II AK Cook Inlet salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener. Fishing effort occurs during the day and night in the Upper 
Cook Inlet; while fishing effort occurs only during the day in the 
Lower Cook Inlet, except during fishery extensions. In the Upper Cook 
Inlet, the catch is picked from the net (i.e., the net is tended) each 
day during a slack tide; while the catch is picked from the net every 
2-6 hours in the Lower Cook Inlet. The net becomes dry with low tide. 
The fishery generally operates from June 2 to mid-September in Cook 
Inlet. This set gillnet fishery is managed by ADFG as a limited entry 
fishery with gear restrictions (mesh and net size) and area closures.
AK Yakutat Salmon Set Gillnet Fishery
    The Category II AK Yakutat salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener, during the day and night. The catch is picked from the net 
every 2-4 hours each day or continuously during peak fishing times. The 
fishery generally operates from June 4 to the end of August. The 
Yakutat salmon set gillnet fishery consists of multiple set gillnet 
fisheries occurring in two fishing districts, the Yakutat District and 
the Yakataga District. As many as 25 different areas in the Yakutat and 
Yakataga Districts are open to commercial fishing each year. The 
Yakutat District fisheries primarily target sockeye and coho salmon, 
although all species of salmon are harvested. The Yakataga District 
fisheries target coho salmon. With a few exceptions, set gillnetting is 
confined to the intertidal area inside the mouths of rivers and 
streams, and to the ocean waters immediately adjacent to each. Due to 
the terminal nature of these fisheries, ADFG has been able to develop 
salmon escapement goals for most of the major, and several of the 
minor, fisheries. This set gillnet fishery is managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Kodiak Salmon Set Gillnet Fishery
    The Category II AK Kodiak salmon set gillnet fishery targets salmon 
using set gillnet gear with continuous soak times during the opener. 
Fishing effort occurs during the day, with the catch is picked from the 
net 2 or more times each day. The majority of set gillnets are attached 
to a shore lead up to 80 fathoms (480 ft; 146 m) long in a straight 
line to a king buoy offshore, with numerous anchor lines and buoys 
holding the net in place. The last 25 fathoms (150 ft; 46 m) of the 
gillnet is usually formed into a fish trap, also called a hook. The 
fishery generally operates from June 9 to the end of September or early 
October. Many areas are open until early October, but most fishermen 
remove the nets by early September. As the runs progress in late July 
and change from sockeye to pink salmon, the ADFG often reduces the 
length of openers if escapement goals have not been met. Fishing effort 
begins to reduce in mid to late August as salmon runs begin to decline.
    This fishery consists of 2 Districts, the Northwest District from 
Spruce Island to the south side of Uyak Bay, and the Alitak Bay 
District located on the southwestern corner of Kodiak island. In most 
years, the Northwest District is fished by approximately 100 permit 
holders and constitutes approximately 70 percent of the annual fishing 
effort, while the Alitak Bay District is fished by approximately 70 
permit holders and constitutes approximately 30 percent of the annual 
fishing effort. Traditionally, the Northwest District is open for the 
majority of June and July, while effort in the Alitak Bay District 
typically occurs 5 to 7 days out of every 10 days during the fishing 
season. This set gillnet fishery is managed by ADFG as a limited entry 
fishery with gear restrictions (mesh and net size) and area closures.
AK Bristol Bay Salmon Drift Gillnet Fishery
    The Category II AK Bristol Bay salmon drift gillnet fishery targets 
salmon using drift gillnet gear with continuous soak times for part of 
the net, while other parts of the net are tended. Fishing effort occurs 
during the day and night, with a continuous number of sets per day. 
This fishery generally operates from June 17 to the end of August in 
Bristol Bay. Approximately 80 percent of the salmon catch in Bristol 
Bay is caught with drift gillnets. The Bristol Bay management area 
consists of five management districts including all coastal and inland 
waters from Cape Newenham to Cape Menshikof. There are eight major 
river systems in the area, and these form the largest commercial 
sockeye salmon fishery in the world. Although sockeye salmon is the 
most abundant salmon species that returns to Bristol Bay each year, 
chinook, chum, coho, and pink salmon returns are also important to the 
fishery. This drift gillnet fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Bristol Bay Salmon Set Gillnet Fishery
    The Category II AK Bristol Bay salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener, but the net is dry during low tide. Fishing effort occurs 
during the day and night, with 2 or more continuous sets per day. This 
fishery generally operates from June 17 to the end of August or mid-
September in the same areas in Bristol Bay as the AK Bristol Bay salmon 
drift gillnet fishery discussed above. Approximately 20 percent of the 
salmon catch in Bristol Bay is caught with set gillnets. This set 
gillnet fishery is managed by ADFG as a limited entry fishery with gear 
restrictions (mesh and net size) and area closures.
AK Metlakatla/Annette Island Salmon Drift Gillnet Fishery
    The Category II AK Metlakatla/Annette Island salmon drift gillnet 
fishery targets salmon using drift gillnet gear off Annette Island in 
Southeast AK. This drift gillnet fishery is managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures. The tribal portion of this

[[Page 35400]]

fishery is separate from the AK Southeast drift gillnet fishery only 
for regulation purposes. The fisheries are considered the same for LOF 
categorization purposes.
AK Southeast Salmon Purse Seine Fishery
    The Category II AK Southeast salmon purse seine fishery targets 
salmon using purse seine gear with soak times of 20-45 minutes. Fishing 
effort occurs mostly in daylight hours, except at the peak of the 
season, with 6-20 sets per day. The fishery generally operates from the 
end of June to September. In 2003, purse seine fishing ran through 
November 12 in THAs. Regulations allow purse seine fishing to occur in 
certain fishing districts, and also in certain THAs, hatchery cost 
recovery areas, and the Annette Island Fishery Reserve. This purse 
seine fishery accounts for approximately 80 percent of the total salmon 
harvest in Southeast AK, and approximately 87 percent of the fish 
caught are pink salmon. This purse seine fishery is managed by ADFG as 
a limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Cook Inlet Salmon Purse Seine Fishery
    The Category II AK Cook Inlet salmon purse seine fishery targets 
salmon using purse seine gear in Cook Inlet from June 1 to October 31. 
Purse seines must be between 90 fathoms (540 ft; 165 m) and 250 fathoms 
(1,500 ft; 457 m) long, and 100 meshes and 325 meshes deep. Detachable 
or loose leads are not permitted. In Cook Inlet, purse seines may be 
used in the Southern District, Kamishak Bay District, Outer District, 
Eastern District, and Chinitna Bay Subdistrict east of a line from the 
crane on the south shore to the largest boulder on the landward end of 
Glacier Spit. This purse seine fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Kodiak Salmon Purse Seine Fishery
    The Category II AK Kodiak salmon purse seine fishery targets salmon 
using purse seine gear from June 1 to October 31, with fishing periods 
open by regulation and emergency orders. Purse seine gear must have a 
mesh size of less than 7 in (18 cm). Purse seine gear must be between 
100 fathoms (600 ft; 183 m) and 200 fathoms (1,200 ft; 366 m) long, and 
between 100 meshes and 325 meshes deep. At least 50 fathoms (300 ft; 91 
m) of a purse seine must be 150 meshes in depth. One lead, no more than 
100 fathoms (600 ft; 183 m) in length, may be used with each purse 
seine. The aggregate length of a seine and lead may not exceed 250 
fathoms (1,500 ft; 457 m). Leads must be removed from the water within 
two hours after a season or fishing period closure. Overlapping panels 
of net web may not be used in seine leads.
    This fishery occurs in the Kodiak Area, including all waters of AK 
south of Cape Douglas (58[deg] 51.10'N. lat.), west of 150[deg]W. 
long., north of 55[deg] 30'N. lat., and north and east of the southern 
entrance of Imuya Bay. This purse seine fishery is managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Bering Sea and Aleutian Islands (BSAI) Flatfish Trawl Fishery
    The Category II AK BSAI flatfish trawl fishery targets flatfish 
using trawl gear in the U.S. EEZ of the eastern Bering Sea and the 
portion of the North Pacific Ocean adjacent to the Aleutian Islands, 
which is west of 170[deg]W. long. up to the U.S.-Russian Convention 
Line of 1867. Management measures for the BSAI groundfish fisheries 
constrain fishing both temporally and spatially. This fishery is 
federally managed under the BSAI FMP. The authorized gear, fishing 
season, criteria for determining fishing seasons, and area restrictions 
by gear type are defined in the regulations implementing the BSAI FMP 
(50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pollock Trawl Fishery
    The Category II AK BSAI pollock trawl fishery targets flatfish 
using trawl gear in the same location as the AK BSAI flatfish trawl 
fishery described above. The use of non-pelagic trawl gear in the 
directed fishery for pollock is prohibited. This fishery is federally 
managed under the BSAI FMP. Management measures for the BSAI groundfish 
fisheries constrain fishing both temporally and spatially. The gear 
authorized, fishing year, criteria for determining fishing seasons, and 
area restrictions by gear type are defined in the regulations 
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pacific Cod Longline Fishery
    The Category II AK BSAI Pacific cod longline fishery targets 
Pacific cod using longline gear in the same location as the AK BSAI 
flatfish trawl fishery described above. This fishery is federally 
managed under the BSAI FMP. Management measures for the BSAI groundfish 
fisheries constrain fishing both temporally and spatially. The gear 
authorized, fishing year, criteria for determining fishing seasons, and 
area restrictions by gear type are defined in the regulations 
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea Sablefish Pot Fishery
    The Category II AK Bering Sea sablefish pot fishery targets 
sablefish using pot gear in the same location as the AK BSAI flatfish 
trawl fishery described above. This fishery is Federally managed under 
the BSAI FMP and is operated under Individual Fishing Quotas. 
Management measures for the BSAI groundfish fisheries constrain fishing 
both temporally and spatially. The gear authorized, fishing year, 
criteria for determining fishing seasons, and area restrictions by gear 
type are defined in the regulations implementing the BSAI FMP (50 CFR 
part 679).

Category I and II Commercial Fisheries in the Atlantic Ocean, Gulf of 
Mexico, and Caribbean

Northeast Sink Gillnet Fishery
    The Category I Northeast sink gillnet fishery targets Atlantic cod, 
haddock, pollock, yellowtail flounder, winter flounder, witch flounder, 
American plaice, windowpane flounder, spiny dogfish, monkfish, silver 
hake, red hake, white hake, ocean pout, skate spp, mackerel, redfish, 
and shad. This fishery uses sink gillnet gear, which is anchored 
gillnet (bottom-tending net) fished in the lower one-third of the water 
column. The dominant material is monofilament twine with stretched mesh 
sizes from 6-12 in (15-30.5 cm) and string lengths from 600-10,500 ft 
(183-3,200 m), depending on the target species. Large mesh (10-14 in 
[25-35.6 cm]) sink gillnets, either tied down or set upright without 
floats using a polyfoam core floatline, are used when targeting 
monkfish. The fishery operates from the U.S.-Canada border to Long 
Island, NY, at 72[deg] 30'W. long. south to 36[deg] 33.03'N. lat. 
(corresponding with the Virginia/North Carolina border) and east to the 
eastern edge of the EEZ, including the Gulf of Maine, Georges Bank, and 
Southern New England, and excluding Long Island Sound or other waters 
where gillnet fisheries are listed as Category III. Fishing effort 
occurs year-round, peaking from May to July primarily on continental 
shelf regions in depths from 30-750 ft (9-228.6 m), with some nets 
deeper than 800 ft (244 m).
    This fishery is managed by the Northeast Multispecies (Groundfish) 
FMP. This fishery is also managed by the Atlantic Large Whale Take 
Reduction Plan (ALWTRP) and the

[[Page 35401]]

Harbor Porpoise Take Reduction Plan (HPTRP) to reduce the risk of 
entanglement of right, humpback, and fin whales, and harbor porpoises, 
respectively. The fishery is primarily managed by Total Allowable Catch 
(TAC) limits; individual trip limits (quotas); effort caps (limited 
number of days at sea per vessel); time and area closures; and gear 
restrictions.
Mid-Atlantic Gillnet Fishery
    The Category I mid-Atlantic gillnet fishery targets monkfish, spiny 
dogfish, smooth dogfish, bluefish, weakfish, menhaden, spot, croaker, 
striped bass, large and small coastal sharks, Spanish mackerel, king 
mackerel, American shad, black drum, skate spp., yellow perch, white 
perch, herring, scup, kingfish, spotted seatrout, and butterfish. The 
fishery uses drift and sink gillnets, including nets set in a sink, 
stab, set, strike, or drift fashion, with some unanchored drift or sink 
nets used to target specific species. The dominant material is 
monofilament twine with stretched mesh sizes from 2.5-12 in (6.4-30.5 
cm), and string lengths from 150-8,400 ft. (46-2,560 m). This fishery 
operates year-round west of a line drawn at 72[deg] 30'W. long. south 
to 36[deg] 33.03'N. lat. and east to the eastern edge of the EEZ and 
north of the North Carolina/South Carolina border, not including waters 
where Category II and Category III inshore gillnet fisheries operate in 
bays, estuaries, and rivers. At this time, these Category II and 
Category III fisheries include: the Chesapeake Bay inshore gillnet; 
North Carolina inshore gillnet; Delaware River inshore gillnet; Long 
Island Sound inshore gillnet; and Rhode Island, southern Massachusetts 
(to Monomy Island), and New York Bight (Raritan and Lower New York 
Bays) inshore gillnet. This fishery includes any residual large pelagic 
driftnet effort in the mid-Atlantic and any shark and dogfish gillnet 
effort in the mid-Atlantic zone described. The fishing effort is 
prosecuted right off the beach (6 ft [1.8 m]) or in nearshore coastal 
waters to offshore waters (250 ft [76 m]).
    Gear in this fishery is managed by several Federal FMPs and Inter-
State FMPs managed by the Atlantic States Marine Fisheries Commission 
(ASMFC), the ALWTRP, the HPTRP, and the Bottlenose Dolphin Take 
Reduction Team (BDTRT). Fisheries are primarily managed by TACs; 
individual trip limits (quotas); effort caps (limited number of days at 
sea per vessel); time and area closures; and gear restrictions and 
modifications.
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline 
Fishery
    The Category I Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline fishery targets swordfish, yellowfin tuna, bigeye 
tuna, bluefin tuna, albacore tuna, dolphin fish, wahoo, shortfin mako 
shark, and a variety of other shark species. The fishery uses a 
mainline of >700 lb (317.5 kg) test monofilament typically ranging from 
10-45 mi (16-72 km) long. Bullet-shaped floats are suspended at regular 
intervals along the mainline and long sections of gear are marked by 
radio beacons. Long gangion lines of 200-400 lb (91-181 kg) test 
monofilament of typically 100-200 ft (30.5-61 m) are suspended from the 
mainline. Only certain sized hooks and baits are allowed based on 
fishing location. Hooks are typically fished at depths between 40-120 
ft (12-36.6 m). Longlines targeting tuna are typically set at dawn are 
hauled near dusk, while longlines targeting swordfish are typically set 
at night and hauled in the morning. Gear remains in the water typically 
for 10-14 hours. Fishermen generally modify only select sections of 
longline gear to target dolphin or wahoo, with the remaining gear 
configured to target swordfish, tuna, and/or sharks.
    This fishery operates year-round and occurs within and outside the 
U.S. EEZ throughout Atlantic, Caribbean and Gulf of Mexico waters. The 
fishery has historically been composed of five relatively distinct 
segments with different fishing practices and strategies, including: 
Gulf of Mexico yellowfin tuna fishery; South Atlantic-Florida east 
coast to Cape Hatteras swordfish fishery; Mid-Atlantic and New England 
swordfish and bigeye tuna fishery; U.S. distant water swordfish 
fishery; and Caribbean Islands tuna and swordfish fishery. In addition 
to geographical area, these segments have historically differed by 
percentage of various target and non-target species, gear 
characteristics, and deployment techniques.
    This fishery is managed under the Consolidated Atlantic HMS FMP. 
The dolphin and wahoo portions of the fishery are managed under the 
South Atlantic FMP for Dolphin and Wahoo. Regulations under the MSA 
address the target fish species, as well as bycatch species protected 
under the ESA and/or the MMPA. A portion of this fishery is the subject 
of the Pelagic Longline Take Reduction Team (PLTRT), convened in 2005. 
NMFS is currently developing regulations to implement the Take 
Reduction Plan.
Northeast/Mid-Atlantic American Lobster Trap/Pot Fishery
    The Category I Northeast/mid-Atlantic American lobster trap/pot 
fishery targets American lobster primarily with traps, while 2-3 
percent of the target species is taken by mobile gear (trawls and 
dredges). The fishery operates in inshore and offshore waters from 
Maine to New Jersey and may extend as far south as Cape Hatteras. 
Approximately 80 percent of American lobster are harvested from state 
waters; therefore, the ASMFC has a primary regulatory role. The EEZ 
portion of the fishery operates under regulations from the Federal 
American Lobster FMP. Both the EEZ and state fishery are operating 
under Federal regulations from the ALWTRP.
Northeast Anchored Float Gillnet Fishery
    The Category II Northeast anchored float gillnet fishery targets 
mackerel, herring (particularly for bait), shad, and menhaden using 
gillnet gear of any size anchored and fished in the upper two-thirds of 
the water column. The fishery operates from the U.S.-Canada border to 
Long Island, NY, at 72[deg] 30'W. long south to 36[deg] 33.03'N. lat. 
and east to the eastern edge of the EEZ, not including Long Island 
Sound or other waters where gillnet fisheries are listed as Category 
III. The fishery is managed under the Interstate FMPs for Atlantic 
Menhaden and Shad. A total closure of the American shad ocean intercept 
fishery was fully implemented in January, 2005.
Northeast Drift Gillnet Fishery
    The Category II Northeast drift gillnet fishery targets species 
other than large pelagics, including shad, herring, mackerel, and 
menhaden. This fishery uses drift gillnet gear, which is gillnet gear 
not anchored to the bottom and is free-floating on both ends or free-
flowing at one end and attached to the vessel at the other end. Mesh 
sizes are likely less than those used to target large pelagics. The 
fishery includes any residual large pelagic driftnet effort in New 
England and occurs at any depth in the water column from the U.S.-
Canada border to Long Island, NY, at 72[deg] 30'W. long. south to 
36[deg] 33.03 N. lat. and east to the eastern edge of the EEZ. The 
fishery is managed under the Interstate FMPs for Atlantic Menhaden and 
Shad. A total closure of the American shad ocean intercept fishery was 
fully implemented in January, 2005.
Chesapeake Bay Inshore Gillnet Fishery
    The Category II Chesapeake Bay inshore gillnet fishery targets 
menhaden

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and croaker using gillnet gear with mesh sizes ranging from 2.75-5 in 
(7-12.7 cm), depending on the target species. The fishery operates 
between the Chesapeake Bay/Bridge Tunnel and the mainland. The fishery 
is managed under the Interstate FMPs for Atlantic Menhaden and Atlantic 
Croaker.
Northeast Mid-Water Trawl (Including Pair Trawl) Fishery
    The Category II Northeast mid-water trawl fisher targets Atlantic 
herring with bycatch of several finfish species, predominantly 
mackerel, spiny dogfish, and silver hake. This fishery uses primarily 
mid-water (pelagic) trawls (single and paired), which is trawl gear 
designed, capable, or used to fish for pelagic species with no portion 
designed to be operated in contact with the bottom. The fishery occurs 
primarily in Maine State waters, Jeffrey's Ledge, southern New England, 
and Georges Bank during the winter months when the target species 
continues its southerly migration from the Gulf of Maine/Georges Bank, 
into mid-Atlantic waters. The fishery is managed jointly by the Mid-
Atlantic Fishery Management Council and the ASMFC as a migratory stock 
complex.
Mid-Atlantic Flynet Fishery
    The following definition is proposed in the 2008 LOF. For the 
existing 2007 definition, see ``Fishery Name and Organization Changes 
and Clarifications'' for Atlantic, Gulf of Mexico and Caribbean 
fisheries below.
    The Category II mid-Atlantic flynet fishery is a multispecies 
fishery composed of nearshore and offshore components that operate 
along the eastern coast of the mid-Atlantic United States. Flynets are 
high profile trawls similar to bottom otter trawls. These nets 
typically range from 80-120 ft (24-36.6 m) in headrope length, with 
wing mesh sizes of 16-64 in (41-163 cm), following a slow 3:1 taper to 
smaller mesh sizes in the body, extension, and codend sections of the 
net. The nearshore fishery operates from October to April inside of 30 
fathoms (180 ft; 55 m) from North Carolina to New Jersey. This 
nearshore fishery targets Atlantic croaker, weakfish, butterfish, 
harvestfish, bluefish, menhaden, striped bass, kingfishes, and other 
finfish species. Flynet fishing is no longer permitted south of Cape 
Hatteras in order to protect weakfish stocks. The offshore component 
operates from November to April outside of 30 fathoms (180 ft; 55 m) 
from the Hudson Canyon off New York, south to Hatteras Canyon off North 
Carolina. These deeper water fisheries target bluefish, Atlantic 
mackerel, Loligo squid, black sea bass, and scup (72 FR 7382, February 
15, 2007). Illex Squid are also targeted offshore (70-200 fathoms [420-
1,200 ft; 128-366 m]) during summer months from May to September.
Northeast